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Role of the RCPO

Role of the RCPO. Oversight: Review RACP cases Chair RACP Review CAP reports Capacity Building/ Quality Assurance: Support & Build CO Capacity Assist CO in setting up CAP Assist the CO in presenting better submission Maintain/strengthen and develop a team of Roving Procurement Officers.

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Role of the RCPO

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  1. Role of the RCPO • Oversight: • Review RACP cases • Chair RACP • Review CAP reports • Capacity Building/ Quality Assurance: • Support & Build CO Capacity • Assist CO in setting up CAP • Assist the CO in presenting better submission • Maintain/strengthen and develop a team of Roving Procurement Officers. • Tools: • Best Practices Series in the region • Help in improving the procurement tools/forms. • Share best and worst cases • Analyze Atlas procurement data • Maintain Procurement Dashboard

  2. RBEC ACP • Composition of RBEC ACP • Friday COB BTS Submission Deadline • Wednesday 11:00 BTS meetings • Ad Hoc Meetings • Semi Virtual and Virtual Meetings

  3. Immediate and Longer Term Plans • On the Job Training in Bratislava • Regional Procurement Training • Implementation of the E-Pro • Procurement Certification Campaign • CO Specific Requests on Training and Capacity Building

  4. Contracting ModalitiesServices of Individuals: Best Practices Based on the Presentations of Krishan Batra Principal Advisor UNDP/PSO

  5. Learning Objectives: • Types of contracts • When and where to use these different contract modalities (SSA, RLA, NRLA) • Nuts and Bolts of SSA Guidelines

  6. Individual Contractors: Overview • When to use? (It is not a stop-gap measure) • Who can authorize the hiring? Rate, Oversight • What is the legal Status? Experts on Mission • How will individual contractor be selected? • Engagement of Former and Retired Staff. • What is the maximum duration? • How do we pay? Currency, Taxes • Medical Standards and Insurance? • What are the standards for air travel &DSA? • What is the applicable law? • Issuing Business Cards • Use of Atlas

  7. Contracting Modality Services of Individuals: • 100, 200 and 300 series Contracts • Service Contracts (SC) • SSA • Reimbursable Loan Agreement (RLA) • Non-Reimbursable Loan Agreement • Professional Services Contract • Institutional Services Contract • Long Term Arrangement (LTA)

  8. RLA - Where the identified individual is an employee of a company, institution, or other legal entity, and not a self-employed or “independent” consultant. - Under the RLA, the company/institution makes the services of the named consultant available to the operational unit for a specified period. - special skills/expertise - The company/institution remains responsible for the actual payment of salary, taxes and other administrative charges.UNDP reimburses the Company/institution for payments to the identified individual. - selection, engagement, payment and termination are similar as under the SSA modality SSA-Where the identified individual is not an employee of a company, institution, or other legal entity, but rather a self-employed or “independent” - special skills/expertise - The individual is hired directly by UNDP, the SSA is issued and payments are made to the consultant. Differences & similarities

  9. Procurement Chain: REQ & TOR Sourcing (Potential Suppliers) Receipt and Opening Bidding Review By Contracts Committee Evaluation of Offers Approval by CPO Create Vendor Award Contract/PO Vendor

  10. Individual Contractors: • When to Hire: Assignments that don’t require teams of personnel and no professional support of the office is required. In addition the experience and qualifications of the individual are of paramount importance. • When coordination, administration or collective responsibility become difficult due to high number, it is advisable to go for contracting the firm. • The overall responsibility is with the hiring organization i.e.UNDP.

  11. Individual Contractor vs. Staff • Who is an Independent Contractor? • The general rule is that UNDP has the right to control only the result of the service not the manner of the performance. Work is result oriented. • Safety and health at work is our obligation • Staff: In this case UNDP has the right to control what will be done and how it will be done. • Local vs. International Contractor: A local individual contractor is a local specialist or authority in a special field who is retained by UNDP. In case he/she is required to travel for more than 50% of the service period, then he/she may be retained as international contractor.

  12. Key Facts • The SSA modality is a procurement instrument • The selection of an individual contractor under SSA is based on a competitive process • Maximum duration under the new SSA is 3 yearsversus 11 months under the previous version. • The new SSA guidelines does not apply retroactively • The original threshold of 30,000 USD is increased to 100,000 USD for review by CAP/ACP • Individual contractors hired under the old SSA Guidelines will be allowed to carry on based on existing contract modality.Any extension should be based on the new SSA Guidelines

  13. Incorrect use of SSA • Should not be used as a stop-gap measure, such as filling post vacated by staff. • As a cost saving measure • As a means to re-instate a staff whose previous post has been abolished. • As a means of placing a staff on a short-time probationary period.

  14. Rights & Obligations • Status of SSA holder is “Expert on Mission” • The contractor is responsible for paying any tax derived from their earnings with the UNDP in their home country. • The contractor is not entitled to any annual leave or sick leave • Payment is based on deliverables or hrs worked. • Can’t participate in the UNJSPF. • Individual contractor are not staff member

  15. Selection and engagement of an SSA • Overall AuthorityChief Procurement Officer Resident RepresentativeBureau DirectorsHead of various UNDP units

  16. Limits of Delegated authority • Any SSA with effective daily rate exceeding 750 USD requires prior approval from OLPS • Request for waivers to issue SSA to ex-Government officials either on leave form their jobs or those who have left service during the last three months or less, when this is the interest of the Organization, should be established and justified.

  17. Selection of Individual Contractor • Roster of consultants: Candidates shall be screened for qualifications, references and prior experience. • Competitive Process: Desk review, interview panels, reference checks. • Ensure open, transparent and objective assessment • Minimum 3 qualified candidates that meets the requirements. • Selection based on competency and cost involved. • Single Source selection: Need to be justified.

  18. Selection of Individual Contractor • Gender Balance • Review Commitees: CAP/ACP • Offer of SSA: Offer should include TOR and Terms and Conditions. Contractor should not start work until the contract has been signed by both the parties. • Retroactive SSA: Not allowed • Duration: Maximum 3 years • Former and retired staff: • Minimum 3 months gap • 36 months for those who have taken early retirement. • Maximum earning should not exceed $22,000. • Fees paid should not be based on level of the retired staff but on the nature and complexity of assignments performed.

  19. Rate and currency of Payment • A benchmark has been provided for different levels of tasks • Payment can be based on hours/days worked. • Before payment the hours of work performed shall be certified by the supervisor • For local consultants, it shall be in local currency • Performance evaluation shall be monitored by the requesting manager • Increase of pay rate

  20. Payment of SSA The consulting rate is based on a competitive process, using present comparative indicators with our regular staff functions

  21. Termination of the Contract • By mutual consent. • 5 days notice in case the contract is for less than 2 months period. • 14 days notice in case contract is for longer duration. • Misconduct. • Amicable settlement

  22. Travel Arrangements • The standard for air travel is economy class. • Lump-sum option • Visa and travel documents • Security Clearance • Unforeseen Travel Expenses. • Issue of G4 visa for international consultants.

  23. Service Incurred Liability • Statement of medical fitness for work • In case of experts exceeding the age of 65 years, full medical examination is required including x-rays. • Inoculations/ vaccinations before travel • Service incurred Medical and Life Insurance • Service incurred Death, Injury or illness • Malicious Acts Insurance Policy • No Appendix D coverage.

  24. Insurance coverage • The insurance part is different than in the previous SSA Guidelines, under which an individual contractor engaged under a SSA shall be entitled in the event of death, injury or illness attributed to the performance of services on behalf of UNDP the compensation which would be payable under Appendix D to the Staff Rules of the UN. • Under this new SSA Guidelines, the OLPS applies a new defined insurance benefit.

  25. SSA insurance coverage

  26. Key procedure for processing SSAs • Submission of requests for SSA contract • Requesting Officer should prepare detailed TOR for each contract (objectives, outputs, deadlines,…). • Ensure availability of funds • Duration of assignment • Fulfillment of medical clearance requirement • Competitive selection process

  27. Thank you!

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